Labor Certification (PERM) is an important step in the US immigration process. It is a way for employers to prove that there are no available U.S. workers that can do the job for which they are seeking to hire a foreign worker. PERM is also a way for foreign workers to secure a U.S. permanent residency (Green Card). The process can be complex and time consuming, so it is important to understand the steps and requirements in order to successfully obtain a PERM Labor Certification and ultimately a Green Card. In this blog post, we will explore the PERM process in greater detail and provide helpful tips for successful completion.
What is a PERM Labor Certification?
The PERM Labor Certification is an important document required for employers to hire foreign workers for employment in the US. This certification is issued by the U.S. Department of Labor and it confirms that there are no US workers who are able and willing to do the job for which the foreign worker is being hired. Obtaining this certification requires an in-depth look into the labor market to determine if US workers are available for the job.
The process of obtaining the certification is rigorous and employers must provide evidence of their recruitment efforts. This includes a comprehensive recruitment process where employers must demonstrate that no US citizens or permanent residents are available for the position. The Perm Labor Certification is only issued after the employer has met all the requirements and can prove that no US workers are available for the job.
Once the certification is approved, the foreign worker is then eligible to apply for permanent residency in the US. This document is essential for employers who wish to hire foreign workers and for foreign workers who wish to obtain permanent residency in the US.
Labor Certification (PERM) Basic Requirements
During the Labor Certification (PERM) process a U.S. employer must demonstrate that the foreign worker is fully qualified for the job and is not displacing a U.S. worker. In order to do this, an employer must provide substantial evidence to prove the foreign worker has the required experience and qualifications for the job.
An employer must also show that the foreign worker’s employment in the U.S. will not adversely affect the wages and conditions of U.S. workers similarly employed. Additionally, the employer must prove that they have attempted to recruit US workers by posting two ads in a newspaper of general circulation and pay the foreign worker at least the prevailing wage for the job.
Pre-filing Recruitment
Pre-filing Recruitment is an important step in the Labor Certification (PERM) process for employers seeking to hire foreign workers. As per the Department of Labor (DOL) requirements, employers must advertise the job opening to the US labor market. This process of advertising the job opening to the US labor market is known as Pre-filing Recruitment.
The purpose of Pre-filing Recruitment is to ensure that the employer is recruiting US workers for the job opening and is not discriminating against them. To meet the DOL’s requirements, employers must advertise the job opening in two different media for at least four consecutive weeks. Furthermore, employers must provide evidence of the recruitment process, such as copies of the job advertisements, to the DOL. Failure to provide evidence of the recruitment process could result in the application being denied.
Giving Notice
Giving notice is an essential step in the Labor Certification (PERM) process and must be completed 180 days prior to filing an application. The notice must include the job title, duties, requirements, wages, and other terms and conditions of employment. It must also be posted for at least 30 days, and renewed at least once every 180 days. In addition, the notice must be accessible to potential applicants, including those with disabilities.
It is important to keep records of all notices given and a copy of the application for Labor Certification (PERM) filed with the U.S. Department of Labor. The notice must be provided to the union representing the workers, the state workforce agency, and the local workforce agency. Ensuring that all the necessary steps are taken in the Labor Certification (PERM) process is critical for employers who are seeking foreign workers, as failure to do so can lead to delays and potential denials.
Labor Certification Application
The Labor Certification (PERM) application is an important process employers must go through to prove that they have exhausted all efforts to find qualified American workers for a job position. This application is managed by the Department of Labor and can take up to 12 months to complete. In order to receive approval, employers must provide detailed information about the job duties and qualifications required for the position, as well as information about the recruitment process they conducted. This includes documentation that proves they offered the job to any qualified American workers who applied. Additionally, employers must prove that the hiring of a foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers.
EB-2 Visa
Obtaining a labor certification, also known as a PERM, is a requirement for those who wish to apply for an EB-2 Visa. Once the labor certification is approved, the employer can then file EB-2 Visa on behalf of the foreign worker. This particular visa is designed to allow higher-level or specialized professionals to work in the US on a more permanent basis.
The labor certification process can take up to 12 months to complete, depending on the complexity of the application. It is important for employers to be aware of the length of time the labor certification process can take in order to plan accordingly.
